Legal Question in Civil Rights Law in Georgia
December 21, 2007 My home was illegaly searched by the police. (all charges against me were dropped)
March 03, 2011 my 4th amendment rights were violated once again by the same county in a traffic stop. (this time no charges)
What would the statue of limitations of a civil suit be for 2007? I had already prepared a case but was short on cash to follow through. Now that it has happened again i would like to follow through this time. since they have violated my rights again does that extend my statue of limitations on the case from 2007?
1 Answer from Attorneys
First of all, if you are planning to pursue a civil rights case without counsel, you have a snowball's chance in Hades. The fact that you don't even know a basic easily found in the statute (the statute of limitations) gives an additional reason you will fail without counsel (I should note that nothing in your post gives any facts to say if you even have a case, but if you think you do, get a lawyer. A good lawyer will take a good case for a contingent fee, meaning you don't need to save up to file.
The 2007 case probably is long gone. Federal courts adjudicating civil rights claims under 42 U.S.C. �1983 (the most likely statute for such cases) must borrow the state statute of limitations applicable to personal injury actions under the law of the forum state. Thus, in Georgia, most Section 1983 actions must be brought within two years from the date the cause of action accrued. That would mean the case was dead back in 2009. And no, a new case doesn't revive the old one.
Bear in mind that since you chose to omit even basic facts no one here can give you an absolute definitive answer as to the statute of limitations as we have no clue upon what you base your claim.
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